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New Jersey Business Law Questions & Answers
1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: I am sub s corp. I took a loan with a New Jersey company for 80 k. In NovemberI have paid 22,000 and stopped paying

And now they want 134k . Which means I would pay them 154 k for 80k. Is this legal and does the usury law not come into play. The took second on my office bldg

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 2, 2017

Much more information would be needed in order to access your situation. Usury laws look at interest, but when you stop paying a loan your also responsible for attorney fees and other costs etc. Bankruptcy may also be an option for you if you can't pay the loan. I suggest you setup an... View More

1 Answer | Asked in Banking, Business Law, Contracts and Consumer Law for New Jersey on
Q: Cardealer wrote wrong make model and vin number on sale contract, now they want to change it because other car is more $

They want me to take the car back and get the right one, I originally wanted the car that is on the contract but they told me I'd have to put a bigger down payment on it but I couldn't so I test drove another car and they said with the down payment I could afford that car but wrote the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 27, 2017

No you can't demand the better car it was a mistake and the you have no right to it.

1 Answer | Asked in Business Law for New Jersey on
Q: What should be my steps in recovering money from a "mom and pop owner" who sold his shop to someone else?

For about two years I was providing services to a "mom and pop" business. It was sold and the new owner continued using my services for about year and half. Last month he sold the business to someone else, who will not be utilizing my services. The last invoice has not been payed... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 19, 2017

A lot would depend on the words in the contract for services you signed with the owners as to what you can and cannot do No contract and you may be out of luck.

1 Answer | Asked in Business Law for New Jersey on
Q: Do I need approval from my LLC partner if my spouse is willing to help me for free with my duties?

I am in the 50 50 LLC partnership with one other member. We both have assigned duties. Sometimes I am overworked due to my other job. Do I need to get written approval from my LLC partner if I decide to get help in my duties from my spouse who is not a partner of the LLC? Few other notes:... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 14, 2017

The answer depends on your LLC operating agreement and other agreements made by the parties. If the answer is important to you, I suggest you spend a few dollars and bring your agreements with you to a lawyer to review and get the answer you need before you do anything which could jeopardize your... View More

3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: Have unmortgaged commercial building. I have to close the business. Am I responsible for it if I abandon it legally

Building is paid off, business is losing money so I have to close. Do not have funds to pay taxes. Trying to sell but to no avail. Can try to auction it off but do not believe it is "attractive" enough to sell. When it goes to township for sheriff sale, am I going to still be liable... View More

Michael David Siegel
Michael David Siegel
answered on May 3, 2017

Hard to believe building has no value. You can abandon it but you still could have some personal liability for some things, like environmental contamination.

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1 Answer | Asked in Business Law for New Jersey on
Q: How to leave an LLC?

I am in an LCC with two 50/50 partners. Unfortunately when the LLC was formed, we did not created an operating agreement. Our company offers photo and video services. Video responsibilities are taken care by me and photo responsibilities are taken care by my partner. Due to differences of... View More

Paul J. Riviere
Paul J. Riviere
answered on May 3, 2017

Being that you don't have an operating agreement, the statute will guide you as to how to dissolve or leave. If you and your partner can agree you can make a buy-out agreement. For this you need to do is get a business valuation so you know what the buy-out will cost. Along with this process... View More

3 Answers | Asked in Bankruptcy, Business Formation and Business Law for New Jersey on
Q: If a ch 7 personal bankruptcy filer has capital contributions to an LLC or an S Corp, how should it be noted?

Should that be as a loan to the company or a capital account? Is one better than the other in a chapter 7? Contributions were made a long time ago.

Michael David Siegel
Michael David Siegel
answered on Mar 7, 2017

It should be listed as it is held in the books and records of the LLC.

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1 Answer | Asked in Business Law for New Jersey on
Q: What kind of lawyer is needed if I believe I am a shareholder of a company.thank you
Mary Madeline Roberts
Mary Madeline Roberts
answered on Mar 3, 2017

Do you want to sue the company or do you work at the company and own shares, and thus seeking an attorney to increase and/or change your share percentage, etc.? Without knowing more, you should find a corporate attorney--please message me for a free consultation. Further, within corporate law, if... View More

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for New Jersey on
Q: if a manger within a company bad mouths an employee to another manger within that company is that considered harassment?

a department manager called another department manager within the company and proceeded to bad mouth and belittle an employee and their abilities while making rude, disrespectful remarks and attacking the character of said employee.

The manager made a technological blunder though by... View More

Jonathan Ian Nirenberg
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answered on Dec 2, 2016

In New Jersey employment law, something can only be harassment if the reason it happened was unlawful, such as if it is because of your age, race, gender, national origin, disability or another legally protected category. In addition, to be legally actionable harassment has to be severe (very bad)... View More

1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Can you represent me in NJ on the basis of recooping the leagal fees incurred for frivolous counterclaim ?

I am suing another company for early contract termination fee. They terminated the contract for cause and claim the losses as defence.

Barry E. Janay
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answered on Aug 25, 2016

Does the contract allow for recovery of legal fees? Typically attorneys fees are not recoverable in contract law cases.

1 Answer | Asked in Business Law, Contracts and Employment Law for New Jersey on
Q: Is the NDA/Non Compete agreement I signed still valid if the company has changed names since signing?

Several years ago I was hired at my current employer, a technology company based out of VA. When I was hired, I signed an NDA/Non Compete agreement. Since then however, the original company merged with another and changed its legal name. To date, I have not been asked/compelled to sign any... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 13, 2016

The answer would depend on the terms of the agreement. A lawyer would need to read and review the agreement first before giving you an answer as no hard and fast rules apply. Your probably looking at less than $1000 for a review it may or may not be worth it for you.

1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Q: How do we remove resident board members and replace with a property management company.

board members have not help open meeting in four years. do not provide financial reports do not respond to e/mails and phone calls. even if the president of the board asks.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2016

You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.

1 Answer | Asked in Consumer Law, Securities Law, Business Law and Business Formation for New Jersey on
Q: NJ p2p lending firm we are not originate the loans do we have to get Consumer Lenders/Sales Finance Company license?

We are a startup lending firm offering personal unsecured loans. We Won't originate the loans.

Do we need any license to operate in NJ?

Thanks

Leonard R. Boyer
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answered on Apr 26, 2016

You need to have an in person consultation with an experienced business attorney to learn exactly what the rules and requirements are for you to operate this type of business in NJ. You can have serious problems if you do not conduct your business properly. Good luck.

1 Answer | Asked in Business Law and Tax Law for New Jersey on
Q: I am a personal trainer in New Jersey. I run Boot Camp sessions and asking if I am supposed to charge sales tax

I am charging clients 197 per month and wonder if I am supposed to put 7% sales tax on that for each person. It isn't membership dues, it is personal training boot camps unlimited training sessions per month.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2016

It depends upon whether the sales tax is a tax on services. Some jurisdictions tax goods and services; others tax only goods. It appears that you are selling a service.

1 Answer | Asked in Business Law for New Jersey on
Q: My ex and I have a business (both names are on it). He hasn't paid or filed some tax forms. Should I just take care of

it so that their aren't any issues? I don't want any problems, but this business will be dissolved at the end of this year and he will get a new tax id for the new name of the business

Leonard R. Boyer
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answered on Dec 25, 2015

You should seek the advice of a tax attorney before you do anything. Good luck.

1 Answer | Asked in Business Law for New Jersey on
Q: Does filing a financial statement as a d/b/a invalidate that statement or cause a loss of perfection?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2015

There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.

1 Answer | Asked in Business Law for New Jersey on
Q: Operating a new business on h1b/ead

We are two individuals one on H1 B and other on EAD and planning to start IT consulting business. Understand from different articles that we can do that, however please advise on how company operational activities can be managed being only we both as owner/stockholder.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2015

Your understanding is erroneous. Here is a USCIS link which states what you can and cannot do. http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements. You should retain an immigration attorney to avoid problems. Good luck.

1 Answer | Asked in Business Law for New Jersey on
Q: I am an independent contractor in New Jersey. Do I need to return an overpayment in this state?

The company that pays me for the contracted work seems to have accidently overpaid me.

Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

They will likely be contacting you when they figure this out. If you didn't earn the money, you probably don't have the right to keep it. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general...
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1 Answer | Asked in Business Law for New Jersey on
Q: need a nj lawyer that handles department of community affairs

need a nj lawyer that handles department of community affairs

Adam Studnicki
Adam Studnicki
answered on Jul 18, 2015

This is a general Q&A tool. You can use the Find a Lawyer tool on this site, or Google, to search for lawyers. Be well.

1 Answer | Asked in Business Law for New Jersey on
Q: making chairs. What insurances should we have other than a general liability policy such as product liability policies?
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Talk to a good insurance agent. CGL and products liability is a good start. You may also need workers' comp. You may look into a policy plus an umbrella.

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